Preview
At a term of Supreme Court of the State of
New York held in and for the County of
at the County
Courthouse, , New York, on the
day of ,
20 .
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
PRESENT: HON. NORMAN W. SEITER, JR.
-------------------------------------------------------------X
LAKEVIEW LOAN SERVICING, LLC
Plaintiff, ORDER OF REFERENCE
_y.
Index No: EFC-2018-1450
ELIZABETH STEWART IF LIVING, AND IF
HE/SHE BE DEAD, ANY AND ALL RJI No:
PERSONS UNKNOWN TO PLAINTIFF,
CLAIMING, OR WHO MAY CLAIM TO Property Address:
HAVE AN INTEREST IN, OR GENERAL OR 336 COUNTY ROUTE 6
SPECIFIC LIEN UPON THE REAL PHOENIX, NY 13135
PROPERTY DESCRIBED IN THIS ACTION;
SUCH UNKNOWN PERSONS BEING SBL #: 272.00 - 04 - 41.06
HEREIN GENERALLY DESCRIBED AND
INTENDED TO BE INCLUDED IN WIFE,
WIDOW, HUSBAND, WIDOWER, HEIRS AT
LAW, NEXT OF KIN, DESCENDANTS,
EXECUTORS, ADMINISTRATORS,
DEVISEES, LEGATEES, CREDITORS,
TRUSTEES, COMMITTEES, LIENORS, AND
ASSIGNEES OF SUCH DECEASED, ANY
AND ALL PERSONS DERIVING INTEREST
IN OR LIEN UPON, OR TITLE TO SAID
REAL PROPERTY BY, THROUGH OR
UNDER THEM, OR EITHER OF THEM, AND
THEIR RESPECTIVE WIVES, WIDOWS,
HUSBANDS, WIDOWERS, HEIRS AT LAW,
NEXT OF KIN, DESCENDANTS,
EXECUTORS, ADMINISTRATORS,
DEVISEES, LEGATEES, CREDITORS,
TRUSTEES, COMMITTEES, LIENORS, AND
ASSIGNS, ALL OF WHOM AND WHOSE
NAMES, EXCEPT AS STATED,ARE
UNKNOWN TO PLAINTIFF, EMPOWER
FEDERAL CREDIT UNION, PEOPLE OF THE
STATE OF NEW YORK, UNITED STATES
OF AMERICA ACTING THROUGH THE IRS
JOHN DOE (Those unknown tenants, occupants,
persons or corporations or their heirs,
distributees, executors, administrators, trustees,
guardians, assignees, creditors or successors
claiming an interest in the mortgaged premises.)
Defendant(s).
----------------------------------------------------------------X
Plaintiff having moved this Court for an Order:
striking the answer of defendant(s)
and converting each such appearance to a general notice of appearance
pursuant to CPLR §3215, granting plaintiff default judgment
pursuant to CPLR §3212, granting plaintiff summary judgment
amending the caption to
delete defendant(s) John Doe
substitute the name(s) of for
defendant(s) John Doe and/or Jane Doe
other: ;
pursuant to RPAPL §1321, appointing a Referee to compute the sums due
plaintiff on the Note and Mortgage
other: ;
NOW, upon plaintiff's O ex parte application or motion heard on
at which time O plaintiff / O defendant appeared, or U no appearances
were required, and upon the Summons and Complaint and proof that all defendants have been
served, and upon proof that the time for all defendant(s) to answer or appear has expired and
upon the:
1) affidavit of Shanna Simmons dated April 2, 2019, with Exhibits
annexed;
2) rmation of Christine L Fox affirmed on , with Exhibits
annexed;
3) other [specify]: ;
itis hereby
ORDERED that the plaintiff's motion:
for a default judgment pursuant to CPLR § 3215 and RPAPL § 1321 is
granted;
defendant(s)'
to strike answer and for summary judgment pursuant to
CPLR §3212 is granted;
other: ; and itis further
ORDERED that the caption of this action is amended to
delete the name(s) of defendant(s) John Doe
substitute the name(s) of
for defendant(s)
John Doe and/or Jane Doe
other:
and it isfurther
ORDERED that the caption of this action as amended shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
--------------------------------------------------------------X
LAKEVIEW LOAN SERVICING, LLC
Plaintiff,
vs.
ELIZABETH STEWART IF LIVING, AND IF
HE/SHE BE DEAD, ANY AND ALL PERSONS
UNKNOWN TO PLAINTIFF, CLAIMING, OR
WHO MAY CLAIM TO HAVE AN INTEREST
IN, OR GENERAL OR SPECIFIC LIEN UPON
THE REAL PROPERTY DESCRIBED IN THIS
ACTION; SUCH UNKNOWN PERSONS
BEING HEREIN GENERALLY DESCRIBED
AND INTENDED TO BE INCLUDED IN
WIFE, WIDOW, HUSBAND, WIDOWER,
HEIRS AT LAW, NEXT OF KIN,
DESCENDANTS, EXECUTORS,
ADMINISTRATORS, DEVISEES, LEGATEES,
CREDITORS, TRUSTEES, COMMITTEES,
LIENORS, AND ASSIGNEES OF SUCH
DECEASED, ANY AND ALL PERSONS
DERIVING INTEREST IN OR LIEN UPON, OR
TITLE TO SAID REAL PROPERTY BY,
THROUGH OR UNDER THEM, OR EITHER
OF THEM, AND THEIR RESPECTIVE WIVES,
WIDOWS, HUSBANDS, WIDOWERS, HEIRS
AT LAW, NEXT OF KIN, DESCENDANTS,
EXECUTORS, ADMINISTRATORS,
DEVISEES, LEGATEES, CREDITORS,
TRUSTEES, COMMITTEES, LIENORS, AND
ASSIGNS, ALL OF WHOM AND WHOSE
NAMES, EXCEPT AS STATED,ARE
UNKNOWN TO PLAINTIFF, EMPOWER
FEDERAL CREDIT UNION, PEOPLE OF THE
STATE OF NEW YORK, UNITED STATES OF
AMERICA ACTING THROUGH THE IRS,
Defendant(s).
---------------------------------------------------------X
and it isfurther
ORDERED, that the Complaint be amended, nunc pro tune, to read: That upon
information and belief, the structure located on the premises is a mobile or manufactured home.
Said structure is considered attached to the land foreclosed herein, and is considered a fixture.
Plaintiff is foreclosing both the land and the improvements in this action; and itis further
ORDERED that
Name: , Esq.
Address:
Telephone:
is hereby appointed Referee to ascertain, compute and report the total amount due to plaintiff for
unpaid principal, accrued interest and all reasonable mortgage costs and expenses other than
attorneys'
fees secured by the Note and Mortgage sued upon and set forth in the Complaint, and
to examine and report as to whether the mortgaged premises should be sold in one parcel. The
Referee shall not be required to notice or conduct a hearing and the plaintiff may submit to the
Referee its proof by affidavit; and itis further
ORDERED that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including but not
limited to section 36.2(c) ("Disqualifications from appointment") and section 36.2(d)
("Limitations on appointments based upon compensation"); and itis further
ORDERED that pursuant to CPLR §8003(a), in the discretion of the Court, the Referee
shall be paid a fee of $250.00 upon the filing of the Report of the Referee computing the amount
due to plaintiff; and itis further
ORDERED that during the pendency of this action, if any interest in the Note and/or
Mortgage that is the subject of this action has been or is transferred, the person or entity to whom
the interest has been or is transferred shall apply to the Court within thirty (30) days of the
transfer to be substituted or joined in this action pursuant to CPLR §1018; and itis further
ORDERED that the Referee shall filehis/her Report on or before ; and
itis further
ORDERED that on or before , the plaintiff shall submit as
appropriate a Motion or an Ex Parte application in compliance with alllegal and administrative
requirements for a Judgment of Foreclosure and Sale; and it isfurther
ORDERED that in the event plaintiff fails to timely submit the required Motion or Ex
Parte application for a Judgment of Foreclosure and Sale, in itsdiscretion, the Court may either
(1) strike allinterest accruing on the loan as of the subject date together with any and all late
fees, penalties, property inspection fees and preservation costs; or (2) dismiss the action for
plaintiff's failure to comply with the Court's deadline (see Andrea v. Arnone, Hedin, Casker,
Kennedy & Drake, 5 NY3d 514 (2005).
Dated:
J.S.C.
Preview
At a term of Supreme Court of the State of New York held in and for the County of at the County Courthouse, , New York, on the day of , 20 . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO PRESENT: HON. NORMAN W. SEITER, JR. -------------------------------------------------------------X LAKEVIEW LOAN SERVICING, LLC Plaintiff, ORDER OF REFERENCE _y. Index No: EFC-2018-1450 ELIZABETH STEWART IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL RJI No: PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO Property Address: HAVE AN INTEREST IN, OR GENERAL OR 336 COUNTY ROUTE 6 SPECIFIC LIEN UPON THE REAL PHOENIX, NY 13135 PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING SBL #: 272.00 - 04 - 41.06 HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED,ARE UNKNOWN TO PLAINTIFF, EMPOWER FEDERAL CREDIT UNION, PEOPLE OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA ACTING THROUGH THE IRS JOHN DOE (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). ----------------------------------------------------------------X Plaintiff having moved this Court for an Order: striking the answer of defendant(s) and converting each such appearance to a general notice of appearance pursuant to CPLR §3215, granting plaintiff default judgment pursuant to CPLR §3212, granting plaintiff summary judgment amending the caption to delete defendant(s) John Doe substitute the name(s) of for defendant(s) John Doe and/or Jane Doe other: ; pursuant to RPAPL §1321, appointing a Referee to compute the sums due plaintiff on the Note and Mortgage other: ; NOW, upon plaintiff's O ex parte application or motion heard on at which time O plaintiff / O defendant appeared, or U no appearances were required, and upon the Summons and Complaint and proof that all defendants have been served, and upon proof that the time for all defendant(s) to answer or appear has expired and upon the: 1) affidavit of Shanna Simmons dated April 2, 2019, with Exhibits annexed; 2) rmation of Christine L Fox affirmed on , with Exhibits annexed; 3) other [specify]: ; itis hereby ORDERED that the plaintiff's motion: for a default judgment pursuant to CPLR § 3215 and RPAPL § 1321 is granted; defendant(s)' to strike answer and for summary judgment pursuant to CPLR §3212 is granted; other: ; and itis further ORDERED that the caption of this action is amended to delete the name(s) of defendant(s) John Doe substitute the name(s) of for defendant(s) John Doe and/or Jane Doe other: and it isfurther ORDERED that the caption of this action as amended shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO --------------------------------------------------------------X LAKEVIEW LOAN SERVICING, LLC Plaintiff, vs. ELIZABETH STEWART IF LIVING, AND IF HE/SHE BE DEAD, ANY AND ALL PERSONS UNKNOWN TO PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN INTEREST IN, OR GENERAL OR SPECIFIC LIEN UPON THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH UNKNOWN PERSONS BEING HEREIN GENERALLY DESCRIBED AND INTENDED TO BE INCLUDED IN WIFE, WIDOW, HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY, THROUGH OR UNDER THEM, OR EITHER OF THEM, AND THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS, WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS, EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES, CREDITORS, TRUSTEES, COMMITTEES, LIENORS, AND ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT AS STATED,ARE UNKNOWN TO PLAINTIFF, EMPOWER FEDERAL CREDIT UNION, PEOPLE OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA ACTING THROUGH THE IRS, Defendant(s). ---------------------------------------------------------X and it isfurther ORDERED, that the Complaint be amended, nunc pro tune, to read: That upon information and belief, the structure located on the premises is a mobile or manufactured home. Said structure is considered attached to the land foreclosed herein, and is considered a fixture. Plaintiff is foreclosing both the land and the improvements in this action; and itis further ORDERED that Name: , Esq. Address: Telephone: is hereby appointed Referee to ascertain, compute and report the total amount due to plaintiff for unpaid principal, accrued interest and all reasonable mortgage costs and expenses other than attorneys' fees secured by the Note and Mortgage sued upon and set forth in the Complaint, and to examine and report as to whether the mortgaged premises should be sold in one parcel. The Referee shall not be required to notice or conduct a hearing and the plaintiff may submit to the Referee its proof by affidavit; and itis further ORDERED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including but not limited to section 36.2(c) ("Disqualifications from appointment") and section 36.2(d) ("Limitations on appointments based upon compensation"); and itis further ORDERED that pursuant to CPLR §8003(a), in the discretion of the Court, the Referee shall be paid a fee of $250.00 upon the filing of the Report of the Referee computing the amount due to plaintiff; and itis further ORDERED that during the pendency of this action, if any interest in the Note and/or Mortgage that is the subject of this action has been or is transferred, the person or entity to whom the interest has been or is transferred shall apply to the Court within thirty (30) days of the transfer to be substituted or joined in this action pursuant to CPLR §1018; and itis further ORDERED that the Referee shall filehis/her Report on or before ; and itis further ORDERED that on or before , the plaintiff shall submit as appropriate a Motion or an Ex Parte application in compliance with alllegal and administrative requirements for a Judgment of Foreclosure and Sale; and it isfurther ORDERED that in the event plaintiff fails to timely submit the required Motion or Ex Parte application for a Judgment of Foreclosure and Sale, in itsdiscretion, the Court may either (1) strike allinterest accruing on the loan as of the subject date together with any and all late fees, penalties, property inspection fees and preservation costs; or (2) dismiss the action for plaintiff's failure to comply with the Court's deadline (see Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, 5 NY3d 514 (2005). Dated: J.S.C.